RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  01-01344
		INDEX CODE:  112.08

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be allowed to continue on active duty past his Mandatory Separation Date (MSD).

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APPLICANT CONTENDS THAT:

There is a shortage of Catholic Chaplains in the Air Force.  He has 18 years invested in the Air Force and would like to continue on active duty.

In support of his appeal, the applicant provided an age waiver approval, dated 15 February 2001.

Applicant's complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

The applicant, a Reservist, is currently serving on extended active duty in the grade of major.

The applicant’s Total Federal Commission Service Date (TFCSD) is 3 August 1983 and his Total Active Federal Military Service Date (TAFMSD) is 7 September 1988.  His birthdate is 20 August 1941.

The applicant was considered and not selected for promotion by the Calendar Years 1999A and 2000A Central Lieutenant Colonel Selection Boards.  He was considered and not selected for continuation by the CY2000A Major Continuation Board.  As a result, he has a mandatory separation date of 31 August 2001.

A review of his Officer Performance Reports (OPR) indicates that he had a referral report for the period 3 December 1994 through 2 December 1995.

The remaining relevant facts pertaining to this application, extracted from the applicant's military records, are contained in the letters prepared by the appropriate offices of the Air Force (Exhibits C & D).  Accordingly, there is no need to recite these facts in this Record of Proceedings.  

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AIR FORCE EVALUATION:

The Chief, Chaplain Personnel Management Division, Directorate of Assignments, HQ AFPC/DPAH, states that the applicant submitted an age waiver request on 30 March 2001.  They received his request, endorsed it with their recommendation of approval and forwarded it to HQ AFPC/DPPRP for further processing to the Personnel Council for final disposition (Atch 1).  HQ AFPC/DPPRP notified them via telecon on 12 April 2001 that the applicant didn’t qualify for an age waiver due to promotion non-selection.  They notified the applicant of this through his MAJCOM functional manager.  Per the request of the applicant’s wing chaplain and MAJCOM functional, they asked HQ APC/DPPRP to clarify why exactly this applicant didn’t meet the eligibility criteria.  HQ AFPC/DPPRP response is enclosed (Atch 2).

Applicant requested an age waiver through the appropriate process and was determined not to be eligible to request this type of waiver.  His lack of eligibility rests with public law, which overrides the age waiver policy.

While they support this applicant’s request and would certainly like him to remain on active duty due to the shortage of Catholic chaplains, they do not have waiver authority.  This process is owned by HQ AFPC/DPPRP and the approval level rests with the Personnel Council.

A complete copy of the Air Force evaluation, with attachments, is attached at Exhibit C.

The Chief, Separations Branch, Retirements and Separations Division, AFPC/DPPRS, reviewed this application and states that the member has a mandatory date of separation of 31 August 2001.  Title 10, Section 632 states, “Officers who fail to be selected for promotion to the next higher grade shall…be separated no later than the first day of the seventh calendar month following approval of the board which considered him for the second time (Secretary of Defense).”  Although AFI 36-3207, Separating Commissioned Officers, allows for age waiver request, in this instance, the law overrules policy.  If the member had been offered selective continuation, he could have accepted the continuation and subsequently requested an age waiver.  However, the member was not offered selective continuation and is an involuntary separation (not for cause).

Based upon the documentation in the file, they believe the mandatory date of separation to be consistent with the procedural and substantive requirements of the discharge regulation.  The applicant did not submit any new evidence or facts that allow him to extend his time on active duty with an age waiver.  Accordingly, they believe his records should remain the same and his request be denied.  He has filed a timely request.

A complete copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 13 July 2001 copies of the Air Force evaluations were forwarded to the applicant for review and response within thirty (30) days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.	Sufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice warranting the applicant’s continuation on active duty past his Mandatory Separation Date (MSD).  We took particular note of the statements from the applicant's commander and from the Chief, Chaplain Personnel Management Division, who indicate that “the applicant continues to make invaluable contributions to the Air Force Chaplain Service during a critical shortage of Catholic chaplains.  We need to keep him in the Air Force.”  Based on these statements, the desire of the applicant to continue on active duty and the shortage of Catholic Chaplains in the Air Force, the Board is persuaded that it is in the best interests of both the Air Force and the applicant to allow him to continue on active duty.  Although the applicant has apparently requested to remain on active duty only through 31 August 2003, the majority of the Board is persuaded that in all likelihood, the applicant would want to remain on active duty until, by law, he would be required to separate.  Therefore, the majority of the Board believes that he should be continued on active duty and allowed an age waiver until age 67.  However, it appears that based upon his date of birth of 20 August 1941 and his total active federal military service date of 7 September 1988, should the applicant remain on active duty until age 67, he would still not have sufficient active duty credit to become eligible for an active duty service retirement.  In view of the foregoing, and as a matter of equity, the majority of the Board believes he should be given sufficient credit that will allow him to remain on active duty until he is eligible to apply for an active duty retirement and this the majority so recommends.  Additionally, the majority of the Board notes the referral OPR the applicant received; however, a review of his subsequent performance indicates that the applicant has overcome any deficiencies regarding his leadership skills.  Therefore, the majority recommends his records be corrected to the extent indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that:

	a.	He entered extended active duty on 13 April 1994 and served continuously.

	b.	He was offered and accepted continuation by the CY00A Major Selection Continuation Board.

	c.	Competent authority approved his request for an age waiver not to exceed his 67th birthday.

	d.	He was not discharged on 31 August 2001, but on that date he continued to serve on extended active duty.

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The following members of the Board considered this application in Executive Session on 22 August 2001, under the provisions of AFI 36-2603:

The majority of the Board voted to correct the records, as recommended.  Mr. voted to grant the applicant’s request for a two-year age waiver, but does not wish to submit a Minority Report.  The following documentary evidence was considered:

	Exhibit A.  DD Form 149, dated 8 May 2001, w/atchs.
	Exhibit B.  Applicant's Master Personnel Records.
	Exhibit C.  Letter, AFPC/DPAH, dated 24 May 2001, w/atchs.
	Exhibit D.  Letter, AFPC/DPPRS, dated 15 June 2001
	Exhibit E.  Letter, SAF/MIBR, dated 13 July 2001.

	
			Panel Chair

AFBCMR 01-01344

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to, be corrected to show that:

	     a.	He was offered and accepted continuation by the CY00A Major Selection Continuation Board.

	     b.	Competent authority approved his request for an age waiver until 30 August 2003.

	     c.	He was not discharged on 31 August 2001, but on that date he continued to serve on extended active duty.

			
		Director
		Air Force Review Boards Agency